Alimony in Florida is determined by a number of factors for both parties. They will look at the current earnings of each, each party’s potential earnings, the length of the marriage, the contribution of each party to the marriage, and more. There is not necessarily a set formula for what one party might pay to the other and will instead be determined by the individual facts of a case. A divorce attorney can advocate on your behalf and set the fairest amount possible.
There are actually five different types of alimony in Florida. These include:
- Temporary alimony
- Bridge the gap alimony
- Rehabilitative alimony
- Durational alimony
- Permanent alimony
Each of these types of alimony has different conditions and length of time for payment. Temporary alimony generally last during the duration of the divorce for one party to help the other during the process. It is also known as “pedente lite” and generally ends before the divorce is finalized.
Rehabilitative alimony helps one party for a specific purpose to help with their earning capacity. For instance, a woman may have ended her studies early to get married and have children. Now that is divorced, she may want to go back to school to finish her degree and find work. This alimony would help her in that and would end at a specific time. This would be outlined by the court before the alimony payments begin.
Bridge the gap alimony is a short term alimony payment (no longer than two years) that helps one party get on their feet after a divorce. For instance, it may help them find a home, get a car, and do other necessary tasks to eventually become self-sufficient. It could also be used for education or other training.
Durational alimony lasts for the length of the marriage, if the other forms of alimony are not sufficient. For instance, if two people were married for seven years, the durational alimony would last no longer than seven years.
Permanent alimony is alimony that will be paid for the duration of a person’s life should these other alimonies be insufficient. The judge must explicitly state the reasons for this alimony and why the other types of alimony would not be sufficient for the party’s needs.
If you are involved in a divorce in West Palm Beach or anywhere in South Florida, contact an attorney at The Law Office of James S. Cunha today.